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HomeMy WebLinkAboutR-1997-139 RESOLUTION NO. 139-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY OF DANIA TO MAKE AND ENTER INTO AN AGREEMENT WITH ELAN LAWN SERVICE FOR THE PURPOSE OF PROVIDING LANDSCAPING AND GROUNDS MAINTENANCE SERVICES IN DESIGNATED AREAS WITHIN THE CITY OF DANIA; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA; REPEALING CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania' s Public Works Department has provided the landscaping and grounds maintenance services in the road right-of-ways, parks and other public properties within the City; and WHEREAS, the City of Dania has determined it is more economical and beneficial to the City to have an outside contractor provide the landscaping and grounds maintenance services in public right-of-way areas, public parks and other public properties within the City and WHEREAS, the City of Dania advertised to bidders the City' s desire to hire a firm to provide landscaping and grounds maintenance services and has received a qualified bid for such services; and WHEREAS, the City of Dania desires to contract the landscaping and grounds maintenance services with Elan Lawn Service for a two year period beginning October 1, 1997 and ending September 30, e 1999, in accordance with said proposal for the purpose of providing i landscaping and grounds maintenance services within the City of Dania. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That certain Agreement between the City of Dania and Elan Lawn Service concerning landscaping and grounds maintenance services within the City of Dania, a copy of which is attached hereto and marked Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Section 2 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3 . That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 23rd day of September, 1997. �L, C VICE- MAYOR-COMMISSIONER ATTEST: CITY CLERK4 ITOR APPSORNEY FO AND CORRECTNESS: /jss,s1r-4 CIT RESOLUTION NO. 139-97 � 2 A MEMNT THIS IS AN AGREEMENT, dated the 23 day of September, 1997 between: THE CITY OF DANIA, a municipal corporation, hereinafter referred to as "CITY", and ELAN ONE HOUR PHOTO, INC. , a Florida corporation, d/b/a ELAN LAWN SERVICE authorized to do business in the State of Florida, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H • In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE in order to establish the background, context and form of reference for this Agreement, and to generally express the objectives and intentions of the respective parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On June 6, 1997, the CITY advertised its notice to bidders of the CITY' S desire to hire a firm to provide maintenance of thirty- three separately designated areas, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled: GROUNDS MAINTENANCE DANIA PW 97-01 1.2 The CITY held a mandatory pre-bid meeting and on June 26, 1997 the bids were opened at the offices of the City Clerk. 1 .3 On September 23, 1997, the CITY awarded the bid to CONTRACTOR for the designated areas described in Exhibit "A" and authorized the proper CITY officials to negotiate and enter into an agreement with CONTRACTOR to render the services more particularly described herein below. 1. 4 Negotiations pertaining to the services to be performed by the CONTRACTOR were undertaken and this Agreement incorporates the results of such negotiation . ARTICLE 2 SERVICES AND RESPONSIBILITIES 2 .1 CONTRACTOR hereby agrees to perform the services for the maintenance for thirty-three designated areas on CITY' S property, as more particularly described in Composite Exhibit "A" attached hereto and by this reference made a part hereof, ("Property") in accordance with the Scope of Services outlined in the specifications, "Sealed Bid Grounds Maintenance PW 97-0111, attached hereto and made a part hereof as Composite Exhibit "A" and CONTRACTOR' s response thereto, attached hereto and made a part hereof as Composite Exhibit "B" . CONTRACTOR agrees to do everything required by this Agreement, the Sealed Bid Package "Grounds Maintenance, Dania PW 97-0111, and Commission award complete with proposal form. 2 .2 CONTRACTOR shall schedule regular meetings with the CITY 1 representatives at least once a month to discuss the progress of the work and maintenance of the CITY' s Grounds, as more specifically described in Composite Exhibit "A" . 2 .3 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 2.5 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2 . 6 CONTRACTOR hereby represents to CITY that CONTRACTOR is properly licensed by the applicable federal, state, and local 2 agencies to provide the services under this Agreement. If CONTRACTOR' s license is revoked, suspended, or terminated for any reason by any governmental agency, CONTRACTOR shall notify the CITY immediately. 2.7 CONTRACTOR hereby agrees to conduct all work and services under this Agreement in accordance with all the applicable federal, state, and local laws or regulations. A violation of any federal, state, or local law or regulation may be cause for breach, allowing the CITY to terminate this Agreement. ARTICLE 3 PROTECTION OF CITY' S PROPERTY At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY' s property from all damage whatsoever on account of CONTRACTOR' s performance of services carried on under this Contract. ARTICLE 4 TERM AND CONDITION 4 .1 CONTRACTOR shall perform the maintenance services associated with the CITY Property as identified in Exhibits "A, " attached hereto and made a part hereof, for two (2) years, commencing on October 1, 1997 and ending on September 30, 1999. 4.2 This Agreement may be renewed for two additional two (2) year terms upon mutual consent, evidenced by a written Amendment to this Agreement extending the term hereof. 4.3 This Agreement may be terminated by either party for cause, upon thirty (30) days written notice by the CITY to CONTRACTOR, in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, surveys and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 3 ow ARTICLE 5 COMPENSATION AND METHOD OF PAYMENT 5.1 CITY agrees to compensate CONTRACTOR for all services performed by CONTRACTOR pursuant to the provisions of this Agreement: Based on a LUMP SUM FEE, of AN AMOUNT NOT TO EXCEED $177,915. 00, per year, which includes a contingency fee of $10,000, to be made in monthly payments. The total compensation amount may not be exceeded without a written amendment to this Agreement. 5 .2 Method of Billing and Payment 5 .2.1 The CITY shall within thirty (30) days from the date of the City' s Public Service Director approves the Application for Payment, pay the CONTRACTOR the amount approved by the City Public Works Director or his assignees . 5 .2.2 Payment will be made to CONTRACTOR at: Elan Lawn Service 11675 Strand Way Cooper City, Florida 33026 ARTICLE 6 CHANGES IN SCOPE OF WORK 6 .1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise modify the Scope of Services, as described in Composite Exhibit "A, " to be provided under this Agreement as described in Article 2 of this Agreement. These changes will affect the monthly compensation accordingly. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the parties hereto, with the same formality as this Agreement, prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 6. 2 In no event will the CONTRACTOR be compensated by any work which has not been described in a separate written agreement executed by the parties hereto. 4 ARTICLE 7 INDEMNIFICATION 7.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. 7.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR' s negligent acts, errors, or omissions. ARTICLE 8 INSURANCE 8.1 The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required under this paragraph, and such insurance has been approved by the Risk Manager of the CITY, nor shall the CONTRACTOR allow any Subcontractor to commence work on any sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 8.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 8.3 Financial Ratings must be no less than "A" in the latest edition of the "BEST' S KEY RATING GUIDE't", published by A.M. Hest Guide. 8.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the 5 I insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and any extension thereunder is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 8.5 REQUIRED INSURANCE. 8 .5.1 Comprehensive General Liability insurance shall cover liability, bodily injury, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: 8 .5.1.1 Bodily Injury 8.5.1 .1.1 Each Occurrence $1,000, 000 8.5 .1 .1.2 Annual Aggregate 1,000, 000 8 .5 . 1.2 Property Damage 8.5 .1 .2 .1 Each Occurrence 1,000, 000 8.5 .1.2 .2 Annual Aggregate 1,000,000 8.5. 1.3 Personal Injury Annual Aggregate 1,000, 000 8 .5. 1.4 Completed Operations and Products Liability shall be maintained for two (2) years after the final payments. 8 .5. 1.5 Property Damage Liability Insurance shall include Coverage for the following hazards: X-explosion, C-collapse, U- underground. 8.5.2 Workers' Compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the CONTRACTOR shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all the latter' s employees unless such employees are covered by the protection afforded by the CONTRACTOR. The CONTRACTOR and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The 6 i following limits must be maintained: 8.5.2.1 Workers' Compensation Statutory 8.5.2.2 Employer' s Liability $500,000 per occurrence 8.5.3 Comprehensive Auto Li bili . 8.5.3.1 Bodily Injury 8.5.3.1.1 Each Occurrence 1,000,000 8.5.3.1.2 Annual Aggregate 1,000,000 8.5.3.2 Property Damage 8.5.3.2 .1 Each Occurrence 1,000,000 8 .5 .3.2 .2 Annual Aggregate 1,000,000 Coverage shall include owned, hired and non owned vehicles . The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this contract and name the CITY as an additional insured under their policy. The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the contractor under this Agreement is not the CITY' s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR' s activities and responsibilities hereunder. Provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, H.U.D. , . or United States policies, rules or regulations 7 ohs relating to the use of CONTRACTOR' s funds provided for herein. The � .� CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 10 PERFORMANCE BOND 10 .1 At the time of the execution of this Agreement, CONTRACTOR shall furnish a Performance Bond in the amount of 110% of bid which will be considered Bond Coverage for the City. The Performance Bond shall guarantee to the CITY the Completion and performance of the Scope of Services and work covered in the Agreement. The performance Bond shall at all times be valid and in force to cover the work being performed. The Performance Bond shall be executed by a Surety Company approved by the U.S. Treasury Department, licensed to do business in the State of Florida, and having a registered agent in Broward County. 10 .2 The CONTRACTOR agrees to keep such Bonds, or a replacement thereof, in force at all times during the course of performance of this Agreement. In addition to the foregoing requirements, such Bond shall contain provisions, whether by attaching endorsements or supplemental agreements, guaranteeing to the CITY the completion of services of the performance of this Agreement. CONTRACTOR may comply with the requirements of this provision by causing said Bond to specifically name the CITY OF DANIA as one of the parties to whom the protection afforded by said Bond is extended or as an alternative, may furnish the CITY with a separate Performance Bond meeting the same criteria provided above. ARTICLE 11 DEFAULT OF CONTRACT & REMEDIES 11.1 Liquidated Damages . As a breach of the service provided by this Agreement would cause serious and substantial damage to the CITY Property, and the 8 nature of this Agreement would render it impracticable or extremely difficult to fix the actual damage sustained by the CITY by such breach, it is agreed that, in case of breach of service wherein CONTRACTOR fails to maintain the Property, leaving the said property in disrepair, the CITY may elect to collect liquidated damages for each such breach, and the CONTRACTOR will pay the CITY as liquidated damages, and not as penalty, two hundred fifty ($250.00) dollars for every day of such malfunction. This sum is the agreed upon amount by which the CITY will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies the CITY may have as to any subsequent breach of service under its Agreement. 11.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 11 .2 .1 The abandonment of the Property by CONTRACTOR for a period of more than seven (7) business days. 11 .2 .2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the Public Services Director relative thereto. 11.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR' s default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 11.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 11.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to a bankruptcy (unless, in the case of a petition 9 filed against CONTRACTOR, the same is dismissed within sixty (60) days) ; or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR' s assets, or for CONTRACTOR' s interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attache, execution or other judicial seizure of substantially all of CONTRACTOR' s assets, or for CONTRACTOR' s interest in this Agreement, where such seizure is not discharged within thirty (30) days. 11 .3 Remedies in Default. In case of default by CONTRACTOR, the Public Works Utility Director shall notify the CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct him to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance bond ("Surety") . If the abandonment, delay, refusal, failure, or neglect is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify the CONTRACTOR and the Surety of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement at its own cost and expense. 11 .3 .1 Upon such declaration of default, all payments remaining due the CONTRACTOR at the time of default, less all sums due the CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to the Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 11.3.2 if such Surety fails to perform, the CITY may complete the Contract, or any part thereof, either by day labor or re- letting a Contract for the same, and procure the equipment and the facilities necessary for the completion of the Contract, and charge the cost of same to the CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 11 . 3 .3 In the event the CITY completes the Contract at a lesser cost than would have been payable to the CONTRACTOR under this agreement, if the same had been fulfilled by said CONTRACTOR, 10 CITY shall retain such differences. Should such cost to the CITY be greater, the CONTRACTOR and/or the Surety shall pay the amount of such excess to the CITY. ARTICLE 12 BAHUPTCY It is agreed that if the CONTRACTOR is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed. ARTICLE 13 DISPUTE RESOLUTION 13 .1 Arbitration. In addition to any other remedy provided hereunder, the CITY, at its option, may use arbitration to resolve any controversy or claim arising out of or relating to this Contract if arbitration is elected by the CITY. Any controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered into by any court giving jurisdiction thereof. In the event arbitration is elected by the CITY, such controversy or claim shall be submitted to one arbitrator selected from the National Panel of The American Arbitration Association. 13 .2 Operations Durina Dispute. 13.2 .1 In the event that a dispute, if any, arises between the CITY and the CONTRACTOR relating to this agreement, performance or compensation hereunder, the CONTRACTOR shall continue to render service in full compliance with all terms and conditions of this agreement as interpreted by the CITY regardless of such dispute. 13.2.2 The CONTRACTOR expressly recognizes the paramount right and duty of the CITY to provide adequate maintenance of the CITY' s Property, and further agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court, but will negotiate with the CITY for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may 11 i present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by it or by the CITY. 13 .2 .3 Notwithstanding the other provisions in this Section, the CITY reserves the right to terminate the Agreement at any time, whenever the service provided by the CONTRACTOR fails to meet reasonable standards of the trade after the CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen (14) days of the receipt by the CONTRACTOR of such notice from the CITY. ARTICLE 14 MISCELLANEOUS 14.1 Ownership of Documents. Reports, surveys, studies, and other data provided in connection with this Agreement are and shall remain the property of CITY, whether or not the project for which they are made is completed. 14.2 Legal Representation. It is acknowledged that each party to this agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 14.3 Records. CONTRACTOR shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 14. 4 Assignments and Amendments. This Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to 12 i the CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14.5 Mg -Contingent-Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice Shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Michael Smith City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Copy to: Timothy M. Ryan Assistant City Attorney 700 East Dania Beach Boulevard Third Floor Dania, Florida 33004 Contractor: Elan Lawn Service li675 Strand Way 13 Cooper City, Florida 33026 14.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14.8 Headings . Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14 .9 Exhibits . Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 14.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 14.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 14 .12 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 14.13 Waiver. Failure of the CITY in insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 14 . 14 Disputes. Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth 14 i Judicial Circuit Court in and for Broward County. 14.15 Attorneys' Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney' s fees and court costs in addition to any other remedy afforded by law. 14.16 Protection of City Property. At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY' s property from all damage whatsoever on account of the work being carried on under this contract. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF DANIA, FLORIDA, a municipal�corporation `4 BY: CITY CLEF AUDITOR VI(-E,- MAYOR-COMMISSIO R APPRO TO AND CORRECTNESS: BY: ,'� i � �Slf�r� CITY AT ORNEY ELAN ONE HOUR PHOTO, INC. , a Florida corporation d/b/a Elan La Servi BY: MOSHE MORGENS PRESIDENT STATE OF FLORIDA) ) COUNT OF BROWARD) BEFORE MB, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Moshe Morgenstern, as President of Elan One Hour Photo, Inc. , a Florida corporation d/b/a Elan Lawn Service, and acknowledged execution of n,,4 15 ow the foregoing Agreement as the proper official of said corporation, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of September, 1997. My Commission Expires: Notary Public CHARLENE K.SALULAMACCHIA Notay Puolic-State of Florida My Commission Expires Aug 12 2001 Commissicn=CC660575 16 GROUNDS MAINTENANCE A. General Conditions 1. The City of Dania is seeking sealed bids to establish a contract :o supply all labor. equipment material to maintain designated areas within the City limits. These areas are to collectively =e called Dania Ground Maintenance Areas. The term of this contract shall be for an initial period of two years. The City reserves the right to renew this contract 60 days prior to expiration for �co (2) additional two (2) year periods based on the contractor's acceptable level of performance sn approved funding by the City Commission. The successful bidder shall supply a Performance Bond for 110% of the Contract Price made payable to the City of Dania within five (5) days if ! notification of award of contract. 2. Bidders are required to submit, as an addendum to their bid, a statement of work experience. number of personnel employed, inventory of existing equipment which will be dedicated to this project and a minimum of five (5) references of current contracts with phone numbers and contac: persons. Bidders shall provide information only as it relates to work specified in this contrac:. Failure to provide this information will be considered sufficient for denial of consideration in award process. The City will evaluate the equipment and personnel to be utilized by each bidde- when evaluating bids received. Due to the scope of work of this project a minimum number of f persons shall be dedicated to this contract on a full time basis. 1 3. Contractor must comply with the City of Dania Ordinance which requires all contractor's employees to be American citizens or properly documented aliens. The contractor shall be full• responsible for the performance of his company and completion of all work as outlined in these specifications. The contractor shall employ sound horticulture practices and methods standard to the industry and compatible with direction supplied by the Public Works Division of the Ciry of Dania Department of Utilities / Public Works. Supervision of personnel shall be conducted in a competent and professional matter. Contractor or Subcontractor doing tree pruning or supervisor must comply with Dania City Code Chapter 26, Article III. Section 26-32. requiring firm or person to be member in good standing with the "National Arborist Association" and Section =6- 35, Definitions. Contractor must provide proof of certification by, or acceptance of. persons or firm by the "National Arborist Association." 4. All areas are to be maintained in a condition acceptable to the Director of Utilities / Public Works or his designee. All work to start no earlier than 7:00 a.m. No work shail be done after sunset or on Sunday without specific instructions from this office. 5. When mowing in traffic arterial medians, personnel are required to wear a safety vest. Proper safety signage (A frame signs), such as "Men Working Ahead", cones, flagmen or other warning devices shall be used to alert motorist of work in the area. All signs shall be temporary and must be in accordance with the Florida Department of Transportation's manual on uniform traffic control devices and safe practices. OSHA standard shall be utilized where applicable. 6. Any damage to the roads, facilities, services, utilities, irrigation systems including heads or vegetation caused by the action of the contractor shall be repaired or replaced at the expense of the contractor to the satisfaction of the Public Works Division of the City of Dania. Failure to restore said property immediately following damage will result in a deduction of appropriate charge for labor, material, and equipment use or rental by the Public Works Division to restore the prore to its original condition. The amount of this charge to be derived by the Public Works DR'15:CZ using cost standards commensurate with actual expense incurred. 7. All cutting schedules will be submitted monthly prior to cutting with the Division of Pubiic on the day each cutting is to start and the day following the inspection of areas by contrac:ors designated personnel. Contractor and key personnel shall be available by telephone or page: during the hours of 7:00 a.m. to 4:00 p.m. to discuss field observations, deficiencies. or other matters pertaining to the contract. The Public Works Supervisor or designee. shall be liaison between the contractor and the City regarding the adherence to specifications as outlined. Meetings will be scheduled on a monthly basis to maintain understanding of the scope of work involved. I B. EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under this contract. All trucks and trailers shall have appropriate signage denoting company na.^e affixed at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City shall direct the Contractor to remove such equipment until :he deficiency is corrected to the satisfaction of the City of Dania. The contractor shall be responsible and liable for injury to persons and property caused by the operation of the equipment. C. SAFETY INSPECTION The contractor shall complete a monthly safety checklist of all areas covered by this bid. Inspection items shall include, but not be limited to, damaged fencing and sidewalks, graffiti, holes in the turf and around sprinklers, illegible signs. broken benches, as well as dead trees and plants. **NOTE** By submitting a bid, the bidder acknowledges that he or she is familiar with the sites and the scope of work prior to submitting a bid. The City reserves the right to remove specific locations on a temporary or permanent basis, as may be required at the City's discretion. This removal will reduce the invoice amount by a percentage of the amount bid for the entire project or the specific amount proposed for the specific location on the next invoice submitted for payment. The percentage used shall be derived by this Department. Failure of bidder to be familiar with the service and maintenance requirements of a project of this size and complexity, does not relieve the contractor of the responsibility for completion of all required services. D. SCOPE OF WORK 1. Contractor shall maintain the contractually covered grass areas at the prescribed frequency rate with conventional production style, mowing and lawn maintenance equipment. Exceptions to the specified schedule shall be granted by the Supervisor of Public Works or his designee. 2. Contractor shall fertilize all grass areas twice a year in March and October with an NPK 16-4-8 with no less than 2% water insoluble nitrogen and 40% organic filler. Shrubs and trees to be fertilized three times a year in March. July and November with an 8-10-10 fertilizer. Fertilizer for CITY OF MANIA BOB MIKES,MAYOR JOHN BERTINO, COMMISSIONER JIM CALI,VICE MAYOR BILL HYDE, COMMISSIONER MIKE SMITH,CITY MANAGER JOHN ETLING,COMMISSIONER NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF DANIA IS SEEKING SEALED BIDS FOR: "GROUNDS MAINTENANCE" SPECIFICATIONS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS LOCATED AT 1201 STIRLING RD, DANIA WATER PLANT/PUBLIC WORKS COMPOUND. DANIA, FL 33004, (954) 921-8700. BIDS WILL BE ACCEPTED UNTIL 3:15 P.M. JUNE 25, 1997, IN THE OFFICE OF THE CITY CLERK, ADMINISTRATION BUILDING, 100 W. DANIA BEACH BLVD., DANIA, FL 33004, TO BE OPENED AT 3:30 P.M. BID SECURITY IN THE FORM OF A BID BOND OR CERTIFIED CHECK MADE PAYABLE TO THE CITY OF DANIA IN THE AMOUNT OF (5%) OF THE BID WILL BE REQUIRED TO BE SUBMITTED WITH BID PACKAGE. FAILURE TO INCLUDE BOND IN BID PACKAGE SHALL BE CONSIDERED SUFFICIENT FOR DENIAL OF CONSIDERATION IN AWARD PROCESS. FOR ADDITIONAL INFORMATION PLEASE CONTACT, BUD PALM, UTILITIES/PUBLIC WORKS DIRECTOR AT (954) 921-8700, EXT. 321. ENVELOPES MUST BE SEALED AND PLAINLY MARKED: "SEALED BID" "GROUNDS MAINTENANCE" "DANIA PW 97-01" THE CITY COMMISSION OF THE CITY OF DANIA RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY AND ALL INFORMALITIES OR IRREGULARITIES, AND OR REJECT ALL OR ANY PART OF ANY BID AS IT MAY DEEM TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF DANIA. THE CITY OF DANIA ENCOURAGES PARTICIPATION BY SDBE FIRMS. �Xh�d�f11al, , palm trees will be of the following composition: Palm special 12-5-12 with slow release potassium applied three times per year in March. July and November. Manufacturer': recommended rate of application will apply for all three compositions. The chemical composmon of the fertilizer must be approved prior to application to check for appropriate trace minerals. T'ne Supervisor of Public Works must be notified at least 24 hours prior to application of fertilizer -'or verification of use and type. Fertilization, including provision of the fertilizer. is to be consider! a part of the maintenance function in its entirety. 3. Upon arrival at a job site for the cutting operation, the Contractor shall immediately survey the area to remove all litter, glass, rocks, dead foliage and debris subject to becoming a projectile if engaged by a mower. All grass clippings, vegetative trimmings and existing overburden shall be blown from the street and walk areas on the same day maintenance is performed prior to leaving the site. Raking of leaves and other debris shall be performed at the base of shrubbery and ail others areas to maintain a neat and aesthetic appearance. Contractor shall, at his own expense. remove and properly dispose of all waste materials from the maintenance operation. Debris is not to be blown into streets or onto a pedestrian pathway. Pathways and sidewalks shall be blown clear or swept prior to leaving the site. 4. Contractor shall trim all hedges and shrubs to a uniform height during each site visit. Hedge material located in the median shall be trimmed to not exceed three (3) feet in height unless otherwise directed. 5. Tree trimming shall be required in all areas. Trees shall be trimmed to a minimum height of 8 ti. Tree suckers (water sprouts) are to be removed as they grow. The Contractor shall trim all overgrowth where it obstructs or restricts sight distance view of vehicles, i.e. limbs branching into the roadway from the median or swale, or landscaping taller than 30". Contractor shall also be responsible for removing limbs from the roadway that emanate from areas under contract. The Contractor shall be alert to remove traffic hazards or unsafe conditions caused by tree limb obstruction during each site visit. Dead palm fronds shall be cut and disposed of along with daiiN trash pickup in addition to normal maintenance frequencies. Any possible variation to this will be addressed on an individual basis by the Supervisor of Public Works. 6. Edging shall be done along all sidewalks, curbs, blacktop, walkways, asphalt paths and road edges with a gas operated edger during each site visit. Grass shall also be edged back where it encroaches upon the street from the Swale or other areas. Edged material shall be swept and collected for disposal by the Contractor. 7. Weeding shall include, but not limited to, ornamental beds, base of shrubbery and hedges. sidewalks, curblines and any other areas weeds exist including tongue end of medians which are devoid of grass. Weeds shall be manually pulled during each site visit to prevent an unsightly appearance caused by their presence. All tree beds are to be completely clear of weeds at all times. 8. Weedeating shall be done around all fixed objects exposed in the turf including, but not be limited to, all irrigation heads, trees, poles/posts or any other fixtures found in such settings. Weedeating shall be done with string trimmers or herbicides. The type of herbicide must be approved by the department in advance of use. The Contractor shall be responsible for replacing any damaged foliage caused by the use of herbicides. When using a string trimmer. weedeating I i shall be done so that trees are not girded. The Contractor shall establish a ring around each .:ee with herbicide to preclude girding. 9. Evidence of insects shall be brought to the attention of the Supervisor of Public Works or ` designee. The Contractor shall be responsible for applying pesticide and fungicide on an as needed basis and the cost shall be factored in the bid. The use of chemicals must be approved b} this office. Signs shall be posted alerting the public of pesticide application. The Contractor shall be responsible for the treatment of fire ants at all times and locations noted by the Contractor or the City. All fire ant mounds are to be treated regularly with a granular insecticide. 10. The Contractor shall inform the City`s designee of any immediate safety hazard or vandalism (including graffiti) upon discovery in the field. The Contractor shall contact the City to appiy barricades where hazards exist to safeguard the area until the situation can be corrected. The Contractor shall fill anv holes found constituting a hazard. r 11. (A) The Contractor, upon completion of mowing a section, shall test the sprinklers, replace and repair any damage to the sprinkler system and return them to operating condition within 24 hours. It is the intent that the Contractor shall be responsible for the proper maintenance of the sprinkler system. Failure to restore system will result in a deduction from payment to the Contractor for the ' City's incurred expense to facilitate repair in a timely manner. The Supervisor of Public Works or designee shall be contacted to perform an inspection upon completion of mowing. Payment for cutting shall be authorized upon completed inspection. Once each month, all systems will have a complete check of the systems performed, with a city representative on site. As new• streets are added to contracted area, contractor shall assume this same responsibility for proper maintenance of the sprinkler system. (B) A total irrigation inspection and necessary corrections accomplished within 24 hours shall be made after the first cut of every month. (C) Any irrigation problems that occur after the first inspection and acceptance will be dealt with on an as needed basis. (D) Notifications of a problem with the irrigation system by either the City or Contractor will mandate corrective action within 24 hrs. (E) Irrigation maintenance does not include repair of. 1. pump 2. pump motors 3. automatic filters 4. pressure regulating valves 5. gate valve installed on pumps 6. pump starters and controls (F) All irrigation systems shall be accepted in an as is condition. I 12. Location of City irrigation systems A) Water Plant B) City Hall C) Both Cemeteries D) Federal Highway E) Dania Beach Blvd F) Fire Station Complex G) NE 1st Ave H) SW &NW 4th Aves I) NW loth St .1) All Parks K) I.T. Parker Center 13. Mowing shall be done to a height of three inches (Y). The Contractor shall mow all grass at the following intervals: April 1 through November 30, once every 07 calendar days; from December 1 to March 31, once every 14 calendar days, for a total of 43 cuts except for areas noted as requiring less frequent maintenance. Areas requiring less frequent maintenance shall be considered as requiring once a month maintenance. This schedule shall be modified by the Supervisor of Public Works to either increase or decrease the number of cuttings per year. If. in the opinion of the City, a modification due to abnormal conditions is deemed necessary, Contractor shall be notified as far in advance as reasonably possible of maintenance requirements changes. 14. To be included in the total price for 6wa-E maintenance shall be a $10,000.00 contingency in event that additional services are found necessary during the contract year. 15. Delittering, trash pickup and disposal in all contracted areas shall be done on a daily basis by the contractor wi /,n�o'�dditional expense occurred by the City. Contractor shall be required to have a minimum of `t'►)people in cutting area daily,five (5)days a week full time. 16. The Contractor shall apply pesticides to the grass, ground cover, shrubbery, trees and palms to control chinch bugs. army worms, sod web worms, mole crickets, ant hills, royal palm bugs and other pests. 17. Weed control in turf grass will be accomplished by spraying herbicides in open turf areas where there is no danger of accidental application that may damage surrounding trees, shrubbery, ground cover or other vegetation. Areas containing weeds must be removed by hand if herbicide spraying would result in damage to surrounding vegetation. Areas containing weeds must be removed by hand if herbicide spraying would result in damage to surrounding vegetation. It is imperative that all safety requirements in dispersing herbicides be carefully followed. Contractor should obtain copies of instructional material on herbicide application, which are available at the County Agricultural Extension Service in Davie. Any applicator should be thoroughly familiar with its contents for personal and public safety. All pesticide application classified as restrictive use shall be carried out by a certified applicator or under the supervision of a certified applicator. 4 is. The Applicator must be a certified Pest Control Operator and hold a Lawn and Orname ::' Certificate issued by the Department of Health and Rehabilitative Service, Entomology Sen ic: Division. It is also required that when applying any insecticides to areas of heavy pedesir'a- traffic, such as around the Administration Building, spray application warning flags be clear:•. displayed to designate said areas. E. PAYMENTS 1. Payments for work shall be authorized upon successful completion of all necessary service. Th— Contractor is to notify the Division of Public Works office by 9:00 a.m. of the following work da} regarding work areas completed. Following such notice, the City shall inspect the maintenance area indicated within 24 hrs. If the Contractor's performance does not show completion maintenance items previously described, the City shall request corrective action be take- immediately at no charge to the City. If deficiencies are not rectified within one (1) calendar day. the City Public Works Division may, at its option, perform the necessary maintenance functio'," and deduct the cost of this service from the invoice supplied by the Contractor. 2. Payment to be made in monthly amounts. F. EVALUATION OF BIDS The City, at its discretion, reserves the right to inspect any/all bidders facilities to determine the:: capability of meeting the requirements for the contract. Also, price, responsibility and responsiveness of the bidder, the financial position, experience, staffing, equipment, materials, references and past history of service to the City and/or to other units of State and/or Local Governments in Florida. will be taken into consideration in the award of the contract. G. UNIFORMS The Contractor will provide a uniform service for all maintenance employees. The uniform sen•ice must be equal to, or better than, the uniform service and style provided to maintenance employees of the City of Dania. The uniform service will include laundering, repairs, pressing, replacement. spot removal, insignias and name tags. The Contractor's employees must wear the uniform in an acceptable standard. Employees will wear a freshly laundered uniform daily. Uniforms that are soiled, stained, torn, disheveled or in any way ill fitting or unsightly, will be replaced by the contractor. The uniform will have identification insignia and a name badge of a type and style which must be approved by The Director of Public Works. The Contractor's employee uniform will consist of shins and trousers of coordinated colors acceptable to the City. The Contractor's supervisor and assistant supervisor will wear uniforms consisting of the same color trousers as specified for the Landscape Maintenance Staff and shirt of a different color than staff to signify their supervisory position. Company identification and name badge requirements shall be the same as for other employee uniforms. Belts and leather shoes, or boots and socks will be standard for all of the Contractor's employees. Shoes and boots must comply with the current OSHA and ANSI standard. Failure of an employee to wear the approved uniform in a proper manner or the wearing of sneaker. track shoes, sandals or any other non-specified foot covering during work hours, will be cause for the City to require removal of the employee from City property. D.O.T. approved orange highway safety vests will be provided each employee by the Contractor. Employees will not be allowed to work along public thoroughfares without a safety vest. The City will expect each new employee to be equipped with a complete uniform issued within the (10) working days of the date of employment. Contractor shall continue maintenance of all contracted areas upon expiration of contract, if not extended, until new contract bid is awarded by City Commission. 1 -Cr- ,,I TYOF ffI r P?UNV6 ST"YARDS Class I Pruning, a.k.a. Fine Pruning - Removal of dead, dying and diseased branches. If j necessary branches up to a 2 inch caliper can be removed. This is a small growing tree and usually does not need any major pruning. The following will fall under Class I Pruning: Callistemon rigidus (Upright Bottlebrush) Class II Pruning,, a.k.a. Medium Prunine - Removal of all dead, dying, diseased branches. Removal of any objectionable and weak branches. Trees are to have all branches and foliage removed to a clear height of 8 foot. Removal of limbs up to 1 inch in caliper. The following will fall under Class II Pruning: Bucida buceras (Black Olive) Bischoffia javanica (Toog) Tabebuia heterophylla/chrysantha (Pink and Yellow Tabebuia) Quercus virginiana (Live Oak) Mahoganii Swetenia (Mahogany) Delbergia sissoo (Rosewood) i Class III Pruning, a.k.a. Coarse Pruning - Removal of all dead, dying, diseased branches. Removal of any objectionable and weak branches. Trees are to have all branches and foliage removed to a clear height of 10 foot. Removal of limbs up to 2 inches in caliper. The following will fall under Class III Pruning: Acacia auriculiformis (Earleaf Acacia) Bauhinia blakenana (Hong Kong Orchid Tree) Pongamia pinnata (Pongam) Class IV Pruning a.k.a. Cutting Back or Drop Crotch Pruning - All Ficus trees 20 foot plus are allowed to have a reduction in canopy, providing none of the trees are hatracked. An overall reduction up to 26% is acceptable. Removal of all dead, dying diseased branches. All foliage branches and/or limbs hanging below 10 foot are to be removed. The following will fall under Class IV Pruning: 1 Ficus benjamina (Weeping Ficus) Banyon (Ficus species) (crossbreed) Pruning of Palms - Removal of brown fronds, removal of seed clusters. Using your watch as a guideline, no fronds are to be removed above the 9 o'clock and 3 o'clock horizontal line. The Coconut Palm shall include de-nutting regularly. (See picture) The following will fall under Pruning of Palms: Sabal palmetto (Sabal) Washington robusta (Washington Palm) Syagrus romanzofana (Queen Palm) Cocos nucifera (Coconut Palm) *****Any limbs and/or branches that become broken because of vehicular damage must be removed immediately. The City and the Contractor will keep each other informed of any hazardous branches that may occur from vehicular movement.***** ***** Storm damaged trees will be dealt with on an as needed basis.***** it ROYAL PALM AN ' QUEEN PALM Before , ,4 After IttF LORE SENCE CROWN SHAFT , i (Flower Spike) PROPER FERTILIZATION AND PRUNING PRODUCES HEALTHY ATTRACTIVE PALM TREES PROPERLY PRUNED . 1NFLORESENCE AND/OR SEEDS REMAII'I .(Optional) FRONDS SHOULD NOT BE REMOVED UNLESS DAMAGED OR HAZARDOUS. CLASPING PETIOLES AND PETIOLE REMAINS SHOULD THIS CAN BE A RESULT NOT BE REMOVED, EXECEPT OF INJURY, IMPROPER BY NATURE PRUNING AND/OR POOR FERTILIZATIONI PRACTICES DEAD PALM WITH — ROTTED 0110 r rri i nn ur v nr,nrn n MEDJOC' '_ PALM Before ' �. .�, ,after E PROPER FERTILIZATION AND PRUNING PRODUCES HEALTHY � j ATTRACTIVE PALM TREES . PROPERLY PRUNED THIS CAN BE A RESULT OF INJURY, IMPROPER. PRUNING AND/OR POOR FERTILIZATION PRACTICES DEAD PALM WITH ROTTED BUD x LINED IMPROPERLY PR �• _. i R SAE :AL PALM j Before i After i PROPER FERTILIZATION AND PRUNING PRODUCES HEALTHY ATTRACTIVE PALM TREES PROPERLY PRUNED THIS CAN ®E A RESULT OF INJURY, IMPROPER PRUNING AND/OR POOR FERTILIZATION PRACTICES DEAD PALM WJ ROTTED BUD IMPROPERLY PRUNEDs" f WASHING �ON PALM Berore, After f� I BEARDED/PETTICOAT EFFECT SHAVED NASHINGTONIA PALM ON WASHINGTONIA PALM NITII PETIOLE BASES (BOOTS) REMAINING GENERAL REQUIREMENTS 1A BID PREPARATION'. Submission of a bid in response to this solicitation Shall 1.10 SAMPLES: The City of Dania may, at Its discretion. require sucm:ss.:n evidence the bidder's acknowledgment that he s cognizant of all the sampies for inspection and testing. When specifications reoure s._ conditions and specifications contained herein and that any offer made is in submissions. all costs for such samples, including postage. mil :_ e accordance with the contained specifications and conditions unless responsibility of the bidder. Samples that are not consumed in the eva;.a:.r' specifically identified and explained as exceptions an me bid schedule. Each process or determined necessary for comparison with future deliveries caw ice bidder is responsible for the completeness and accuracy of their bid. Bids returned at the bidder's request and at the bidders expense. The C must show manual signatures by an individual auhonzed to offer such Dania will not be held liable for any sample provided. obligations,and shall contain evidence of that person c authonty to make such offers. Unsigned bids will be rejected. Stamped c; otherwise reproduced 1.11 SILENCE OF SPECIFICATIONS: The silence of these soec::ica:::rs signatures are not acceptable. Erasures, or other changes must be initialed regarding exact details of any product or service required shall be regamec is by the person signing the bid. Bidders should include all descriptive literature meaning that only the best commercial practices will prevail and :.at specifications.Catalogs or cuts necessary to specifics1y identity and describe materials of first quality and correct type, size. or design are to be uses. the item(s)being offered. Failure to do so may result in the bid being declared workmanship will be first quality. Unless otherwise specified. all crccc_s non-responsive. provided as a result of this solicitation will be new.unused,the latest:^:ice: - 1.2 SUBMISSION OF BIDS: All bids Shall be submittedn. a Sealed envelope On production.and in compliance with the enclosed specifications. the forms included with this solicitation with the bidder r. name and address on 1.12 USE OF BRAND NAMES: Unless otherwise stated, the use of brand names the exterior of the envelope. Facsimile or telegra,tted bids will not be in speaficahons is not intended to restrict any offer. Brand names are cc:: accepted. used to illustrate the type and quality of product acceptable for this sblic::a::c- La PRICING: The unit price for each item being bid w,be shown on the Bid and to provide a simplified specification. Vendors should feel free to crcccse Schedule and will include all costs for or associated w-h the item. A total of any equal item provided that all exceptions to these specifications are c:eac: each line item will be entered on the Bid Schedule. In case of a discrepancy identified and explained, and definitive specifications for the item ice:-; between unit price and extended once.the unit price Brown shall prevail. Proposed including product literature. cuts or samples are inaudea with bid. The City of Dania reserves the sole right of final determination of crcz 1.4 DELIVERY: Exact delivery time frames or dates must be shown on the Did, equivalency, such as 5)days after receipt of order". Number of days for delivery shall be presumed to include all weekends or holidays in the peood. All offers shall be tid WARRANTY: All warranties for products or services provided under scv FOB Destination and shall include inside delivery to the delivery point contract resulting from this solicitation will meet or exceed that wara-r: specified. offered the providers most favored customer and in no instance will Its ess 1.5 DEFAULT: Should the successful bidder for any award made as a result of than an unlimited twelve month. non-prorated warranty. If Mcivic::a. specifications contained herein require a warranty in conflict with :-.:s this solicitation fail to deliver a product in accoida ice with the specifications provision.the warranty provisions of the individual specification shall prevan. contained herein and within the time frame pro nised. the City of Dania reserves the night to cancel the contract for defame and to awaro this contract 114 ADDENDUM: In the event modifying addenda to the basic SoliCtlalon ace to the next most qualified bidder. The bidder in de ault may be held liable for issued, the City of Dama will attempt to provide such addenda to ail ven=S any added costs to the City of Dania incurred as a result of such action. who have been furnished bid packages. However, it shall be the oiccers 1.6 LATE BIDS AND WITHORAWAL OF OFFERS: No offer will be accepted after responsibility to verity with the Purchasing Office before the bid is suom;-ec the published deadline for accepting bids in response to this solicitation. Bids whether or not addenda have been issued. and to obtain such addenca 'cr )may be will,drawn at any lime prior to the official time set for the Did opening. submission with the bid. Receipt of any addenda issued must :e No modification or withdrawal of any offer received will be allowed after the acknowledged on the bid schedule. time and date set for the official bid opening. 1.15 BIDDER'S CERTIFICATION; By SlghalUf@ On this bid. bidder Certifies or '^ 1.7 DISCOUNTS: Bidders may offer cash discounts for prompt payment, the case of a joint bid each party certifies that: however, any such discount offered will not be considered as a factor in A. He has not given, offered nor intends to give at any time ecdnom:c determining the lowest bid offered. Any other discounts should be reflected in opportunity, future employment, favor or gratuity in any kind to any the unit once bid. employee of the City of Dania in connection with this bid. B. That the bidder has not divulged or discussed his offer with miner 1.8 BID EVALUATION AND AWARD: All offers received will be evaluated based bidders. on one or more of the following factors: price: quality of product offered; C. Prices offered have been determined independently without codusicn compliance with specifications: delivery; reputation of the bidder. previous with other bidders for the purpose of restricting competition. contracts: proximity of pans and service: compatibility with similar existing D. No attempt has been made to induce any potential bidder to submit cr products: and any other factors detailed in the specifications. Award will be decline to submit an offer in response to this solicitation. made to the lowest responsive and responsible bidder complying with the provisions of the Invitation to Bid, provided that such award is in the best 116 "NO BID"RESPONSE: Vendors electing to not submit bids in response t0 interests of the City of Dania. this solicitation should Complete the attached-Notice to Bidders'forth. Failure The City of Dania reserves the right to accept and/or reject any or all bids, in to return the forth may result in your omission from future bid lists. whole or in part with or without cause:to waive technicalities,to make multiple awards on a line item basis, and accept the bid which. in its judgment. best 1.17 PUBLIC ENTITY CRIMES: A Public Entity Crimes S'atement must to serves the interest of the City of Dania. Bidders are cautioned that no completed.signed and notanzed prior to award of any bid. This farm may not communication with any City of Dania employee involved in the evaluation be required if the successful bidder has a statement an file with the City Of Process is authorized during the bid evaluation process unless such Dania for this calendar year. communication is onginated by the City of Dania for the purpose of clarifying the bid or proposal. Questions regarding the status of any bid or proposal 1.1a CO.OP: The City of Dania participates in a County Purchasing should be directed to the Purchasing Agent. Bid awards will be posted in the Cooperative (CO-OP). All bidders awarded contracts from this bid are City Administration Center after Commission approval. Vendors are encouraged to permit other active members of the CO-OP to participate in the responsible for following up on the status of any bid. The City of Dania will contract under the same prices. terms and conditions except that allowance only notify the successful venddr(s). may be made for differences in delivery costs. 1.e BILLING AND PAYMENT: The City of Dania will pay all proper invoices 1.19 PROTESTS: Any protest must be made within three (3) days following suornitted for supplies and/or service within 30 calendar days. To be posting of the bid award. sidered a proper invoice, it must be submitted in 2 copies to the City of is Finance Department, P.O. Box 1708. Dania, FL 33004; show the Vendor FEID Number.the purchase order number and be based an a proper delivery, installation or provision of goods or services to and accepted by the j City of Dania. The payment cycle will not start until all the above requirements are met. _ J INSURANCE REQUIREMENTS ` ) THE CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT UNTIL HE HAS OBTAINED ALL INSURANCE REQUIRED UNDER THIS PARAGRAPH AND SUCH INSURANCE HAS BEEN APPROVED BY THE RISK MANAGER OF THE CITY NOR SHALL THE CONTRACTOR ALLOW ANY SUBCONTRACTOR TO COMMENCE WORK ON HIS SUB- CONTRACT UNTIL ALL SUCH INSURANCE REQUIRED OF THE SUBCONTRACTOR HAS BEEN OBTAINED AND APPROVED. CERTIFICATES OF INSURANCE, REFLECTING EVIDENCE. OF THE REQUIRED INSURANCE. SHALL BE FILED WITH THE RISK MANAGER PRIOR TO COMMENCEMENT OF WORE. THESE CERTIFICATES SHALL CONTAIN A PROVISION THAT COVERAGE AFFORDED UNDER THESE POLICIES SHALL NOT BE CANCELED UNTIL AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY. POLICIES SHALL BE ISSUED BY COMPANIES AUTHORIZED TO DO BUSINESS UNDER THE LAWS OF THE STATE OF FLORIDA. POLICYHOLDERS AND FINANCIAL RATINGS SHALL BE NO LESS THAN "A" AND CLASS X RESPECTIVELY IN THE LATEST ADDITION OF `BESTS KEY RATING GUIDE". PUBLISHED BY A.M. BEST GUIDE. INSURANCE SHALL BE IN FORCE UNTIL ALL WORK REQUIRED TO BE PERFORMED UNDER THE TERMS OF THE CONTRACT IS SATISFACTORILY COMPLETED AS EVIDENCED BY THE FORMAL ACCEPTANCE BY THE CITY. IN THE EVENT THE INSURANCE CERTIFICATE PROVIDED INDICATES THAT THE INSURANCE SHALL TERMINATE AND LAPSE DURING THE PERIOD OF THIS CONTRACT, THEN IN THAT EVENT, THE CONTRACTOR SHALL FURNISH, AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE DATE OF SUCH INSURANCE, A RENEWED CERTIFICATE OF INSURANCE AS PROOF THAT EQUAL AND LIKE COVERAGE FOR THE BALANCE OF THE PERIOD OF THE CONTRACT AND EXTENSION THEREUNDER IS IN EFFECT. THE CONTRACTOR SHALL NOT CONTINUE TO WORK PURSUANT TO THIS CONTRACT UNLESS ALL REQUIRED INSURANCE REMAINS IN FULL FORCE AND EFFECT. THE CONTRACTOR SHALL HOLD THE CITY OF DANIA, FLORIDA. THEIR AGENTS, AND EMPLOYEES HARMLESS ON ACCOUNT OF CLAIMS FOR DAMAGES TO PERSONS, PROPERTY OR PREMISES ARISING OUT OF THE OPERATIONS TO COMPLETE THIS CONTRACT AND SPECIFICALLY NAME THE CITY AS AN ADDITIONAL INSURED UNDER THEIR POLICY. THE CITY RESERVES THE RIGHT TO REQUIRE ANY OTHER INSURANCE COVERAGE IT DEEMS NECESSARY DEPENDING UPON THE EXPOSURES. A i REQUIRED INSURANCE 1. COMPREHENSIVE GENERAL LIABILITY INSURANCE TO COVER LIABILITY, BODILY INJURY, AND PROPERTY DAMAGE. EXPOSURES TO BE COVERED ARE: PREMISES, OPERATIONS, PRODUCTS/COMPLETED OPERATIONS, AND CERTAIN CONTRACTS. COVERAGE MUST BE WRITTEN ON AN OCCURRENCE BASIS, WITH THE FOLLOWING LIMITS OF LIABILITY : A) BODILY INJURY 1) EACH OCCURRENCE $1,000,000.00 2) ANNUAL AGGREGATE $1,000,000.00 B) PROPERTY DAMAGE 1) EACH OCCURRENCE $1,000,000.00 2) ANNUAL AGGREGATE $1,000,000.00 C) PERSONAL INJURY 1) ANNUAL AGGREGATE $1,000,000.00 2. WORKERS COMPENSATION INSURANCE SHALL BE MAINTAINED DURING THIN LIFE OF THE CONTRACT TO COMPLY WITH THE STATUTORY LIMITS FOR ALL EMPLOYEES, AND IN THE CASE ANY WORK IS SUBLET, THE CONTRACTOR SHALL REQUIRE THE SUBCONTRACTORS SIMILARLY TO PROVIDE WORKERS COMPENSATION INSURANCE FOR ALL THE LATTER'S EMPLOYEES UNLESS SUCH EMPLOYEES ARE COVERED BY THE PROTECTION AFFORDED BY THE CONTRACTOR. THE CONTRACTOR AND HIS SUBCONTRACTORS SHALL MAINTAIN DURING THE LIFE OF THIS POLICY EMPLOYERS LIABILITY INSURANCE. THE FOLLOWING LIMITS MUST BE MAINTAINED : A) WORKERS COMPENSATION STATUTORY B) EMPLOYERS LIABILITY $500,000.00 PER OCCURRENCE 3. COMPREHENSIVE AUTO LIABILITY A) BODILY INJURY 1) EACH OCCURRENCE $1,000,000.00 2) ANNUAL AGGREGATE $1,000,000.00 B) PROPERTY DAMAGE 1) EACH OCCURRENCE $1,000,000.00 2) ANNUAL AGGREGATE $1,000,000.00 COVERAGE SHALL INCLUDE OWNED, HIRED, AND NON-OWNED VEHICLES. LOCATION OF WORK - BID # DANIA PW 97-01 THE FOLLOWING AREAS ARE TO BE CONSIDERED "DANIA GROUNDS MAINTENANCE" ITEMS 1-8) ARE PARKS AND ALL AREAS IN PARKS UP TO EDGE OF SURROUNDING ROADS ARE TO BE INCLUDED FOR MAINTENANCE ITEM 9) I. T. PARKER CENTER - ALL GROUNDS AREAS AROUND BUILDING TO EDGE OF FRONT PARKING LOT ITEM 10)BEACH -ALL TREES, SHRUBS, GRASS, ETC.AROUND PARKING AREA INCLUDING AROUND FOOD STAND AND TREES AND SHRUBS AT END OF DANIA BEACH BLVD. GOING INTO BEACH ON HILL, ETC. ITEMS 11-14) ARE PUBLIC BUILDINGS AND INCLUDE ALL GROUNDS AREAS UP TO EDGE OF SURROUNDING ROADS. ITEM 15) DANIA BEACH BLVD. MEDIANS AND RIGHT-OF-WAYS FROM FEDERAL HWY. TO BRIDGE SKIPPING BUSINESS FRONTS. ITEM 16) FEDERAL HWY. RIGHT-OF-WAYS FROM SHERIDAN ST. TO NEW GRIFFIN ROAD SKIPPING BUSINESS AREAS BUT INCLUDING HEDGES AND TREES FROM DANIA BEACH BLVD. TO NE/NW IT STREET. ITEM 17) STIRLING ROAD FROM FEDERAL HIGHWAY TO BRYAN ROAD, BOTH SIDE RIGHT- OF-WAYS AND MEDIANS, AND FROM BRYAN ROAD TO FIRST MEDIAN WEST OF I- 95 - MEDIANS AND RIGHT-OF-WAY NORTH SIDE ONLY. ITEM 18) EMPTY LOT EAST OF JAI ALAI BETWEEN DANIA BEACH BLVD. AND NE 2ND STREET. ITEM 19) OLD GRIFFIN ROAD RIGHT-OF-WAY FROM FEDERAL HWY. TO NEW GRIFFIN RD SKIPPING BUSINESS FRONTS. ITEM 20) NEW GRIFFIN ROAD/NW 10T" ST.- FROM FEDERAL HIGHWAY TO SW 35m AVE. RIGHT-OF-WAY AND MEDIANS AND BOTH SIDES OF BUFFER WALL ALONG NW 10TH ST. ITEM 21) NE 2ND ST. FROM NE 3'' AVE. TO CHURCH NORTH SIDE RIGHT-OF-WAY. ITEM 22) SHERIDAN ST. NORTH SIDE RIGHT-OF-WAY FROM SE 2ND AVE. TO PUBLIX ENTRANCE SKIPPING BUSINESS FRONTS. ITEM 23) SW 4Tx AVE. FROM SHERIDAN ST. TO STIRLING ROAD WEST SIDE RIGHT- OF-WAY UP TO AND INCLUSIVE OF TREE LINE. ITEM 24) SW 4TN AVE. FROM SW In TO DANIA BEACH BLVD. BECOMING NW 4n' AVE. TO OLD GRIFFIN ROAD -EAST SIDE RIGHT-OF-WAY UP TO AND INCLUSIVE OF TREE LINE. ITEM 25) PHIPPEN ROAD FROM SHERIDAN TO SW JOT" STREET - EAST SIDE RIGHT- OF- WAY PLUS RIGHT-OF-WAY IN FRONT OF EMPTY LOT EAST SIDE 700 BLOCK. I ITEM 26) SE 5TT' AVE. FROM SHERIDAN TO DANIA BEACH BLVD. EAST SIDE RIGHT- OF- WAY SKIPPING IMPROVED LOT FRONTS. ITEM 27) NE 7" AVE. RIGHT-OF-WAY FROM TAYLOR LANE TO NORTH APPROXIMATELY 300 FT.,AND RIGHT-OF-WAY FROM CANAL NORTH OF TAYLOR ROAD TO ELLER DRIVE. ITEM 28) SW 30TH AVE. FROM GRIFFIN ROAD NORTH TO BRIDGE BOTH SIDES RIGHT-OF- WAY. ITEM 29) GULFSTREAM ROAD FROM NORTH END OF TRAILER PARK TO NE 2ND ST. EAST SIDE RIGHT-OF-WAY. ITEM 30) NW IsT ST. FROM NW 4TH AVE. TO BRYAN ROAD - SIDEWALK AREA INCLUDING HEDGES AND TREES. ITEM 31) NE IIT AVE. FROM DANIA BEACH BLVD. TO NE IT ST RIGHT-OF-WAY. ITEM 32) EAST AND WEST CEMETERIES INCLUSIVE UP TO BORDERING ROAD EDGE. ITEM 33) LIFT STATIONS #2 AT SE 2ND AVE. AND SE 4111 TERR., #4 AT SE 5Tx AVE. IN WATERMARK, LIFT STATION #7 IN MODELLO PARK BOUNDARIES, LIFT STATION #11 ON TAYLOR LANE AND LIFT STATION#12 ON NW 7TN AVE. y�, 1 , BID TABULATION f DATE: PROJECTNAME: /l,G�,',c-��S / /�/�"1�-"� � ��6TIME: 3 C' w NO. VENDOR BID AMOUNT BID BOND 2 3 4 I 5 6 7 I 8 9 10 11 12 13 14 15 16 17 I PROPOSAL BID BID # : DANIA P W 97-01 DATE : JUNE 06. 1997 TO : CITY OF DANIA 100 W.DANIA BEACH BLVD. DANIA,FL 33004 IN ACCORDANCE WITH THE "NOTICE TO BIDDERS"DATED JUNE 06. 1997. TITLED "DANIA GROUNDS MAINTENANCE"ATTACHED HERETO AS A PART HEREOF THE UNDERSIGNED PROPOSES THE FOLLOWING : CONTRACT COST-PER YEAR,PER BID SPECS : 1) FROST PARK $ 0. O o 2) MODELLO PARK $ Z 5 9-,f, O 0 3) MELI PARK g 1 3 8 S o • 00 4) CHESTER BYRD PARK S_ B $S e U y 5) MULLIKIN PARK $ l 6 o , d-p 6) TIGERTAIL PARK 0 $ G38o 0 7) NW 14TH WAY PARK $ 3 /)..o - o Q 8) NW 10"1 ST PARK/Nw (01 ST l✓q(�L•?rL��t $ g r} Q o . U 0 9) I.T. PARKER CENTER S a.3 o C) 10) DANIA BEACH $ . 2S© . o 0 11) WATER PLANT $ 7 A r 0— 0 0 7 W 12) CITY HALL $ —�=BAD 0. 00 13) FIRE STATION/CHAMBER AREA $ 0 o . d 0 14) BOISEY WAITERS CENTER g 1l Q U 0 15) DANIA BEACH BLVD. g_ C �-L f 0 o- 0 O 16) FEDERAL HIGHWAY $ S$ Q(�, do PROPOSAL FORM•PAGE I OF 2 j 17) STIRLING RD $ 18) FIELD BETWEEN DANIA BEACH BLVD.AND NW 2N0 ST. JUST EAST OF DANIA JAI- ALAI $ �)- S 0-0 O 19) OLD GRIFFIN ROAD $ , 8 q o 0• o C? 20) NEW GRIFFIN ROAD INCLUDING NW 10"' ST. $ 1 1 G 0 0 - 0 0 21) NE 2ND ST. $ 14 rc . (9 O 22) SHERIDAN ST. $ ( 160 . 00 23) SW 4"'AVE. FROM SHERIDAN ST. TO STIRLING RD $ 3 1 5 0 0 0 24) SW&N. W. 4'x AVE. FROM SW I sT ST.TO OLD GRIF. RD $ 3 1 S O -0 0 25) PHIPPEN RD $ 10 1 s'A 0 0 26) SE 5'x AVE. (9 0 27) NE 7"'AVE. /TAYLOR LANE $ $ r}O 0 0 28) SW 30TH AVE. $ 7 o 0 29) GULFSTREAM RD $ a S�0 0 30) NW` 1sTST. $ gQ0 . 00 31) NE 1°AVE. $ 9-0 .00 32) EAST& WEST CEMETERIES 33) UTILITIES LIFT STATIONS g a.03 `yQ Q G 0 N Tl N6-t NC y PROPOSAL FORM-PAGE 2 OF 2 f Q c c . (/ O COO 1'Srr Cr ry FL dos N� K02c S,r 2N 30s �y2 1�3 � A